Ex Parte Dadbeh - Page 7




              Appeal No. 2005-1244                                                                  Page 7                
              Application No. 10/134,902                                                                                  


                     the selection of either one to form the support structure would be within the level                  
                     of ordinary skill in the art.                                                                        


                     The appellant argues that the applied prior art does not suggest the claimed                         
              subject matter.  We agree.                                                                                  


                     All the claims under appeal require a table tennis table half to be made of two                      
              portions interconnected by a supporting leg comprising first and second leg members                         
              and a connecting member having both (1) a central portion with a diameter substantially                     
              the same as the diameter of the first and second leg members and (2) reduced diameter                       
              end portions that are received within open ends of the first and second leg members.                        
              However, it is our opinion that these limitations are not suggested by the applied prior                    
              art.  In that regard, while Lifetime does teach a three piece supporting leg, Lifetime does                 
              not teach or suggest using the three piece supporting leg to interconnect separate                          
              portions of the table tennis table.  As such, we fail to find any motivation, incentive,                    
              suggestion or teaching in Lifetime that would have made it obvious at the time the                          
              invention was made to a person having ordinary skill in the art to have modified                            
              Sportcraft so as to arrive at the claimed subject matter.  In our view, the only suggestion                 
              for modifying Sportcraft in the manner proposed by the examiner to meet the above-                          
              noted limitations stems from impermissible hindsight knowledge derived from the                             
              appellant's own disclosure.                                                                                 







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